BILL NUMBER: SB 1163	CHAPTERED  07/13/99

	CHAPTER   112
	FILED WITH SECRETARY OF STATE   JULY 13, 1999
	APPROVED BY GOVERNOR   JULY 13, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   JUNE 16, 1999
	AMENDED IN ASSEMBLY   JUNE 3, 1999
	AMENDED IN SENATE   MAY 3, 1999

INTRODUCED BY   Senator Ortiz

                        FEBRUARY 26, 1999

   An act to amend Sections 831.4 and 12002 of the Penal Code,
relating to security officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1163, Ortiz.  Security officers.
   Existing law establishes various categories of peace officers and
other public officers, and specifies their duties and powers.
   This bill would provide that a police security officer is a public
officer, and not a peace officer, employed by the chief of police of
a city whose primary duty is the security of locations or facilities
as directed by the chief.  These officers would have the authority
to carry or possess a firearm, baton, and other safety equipment and
weapons, as specified.
   Existing law requires each sheriff's security officer to
satisfactorily complete a specified course of training within 90 days
of assuming his or her duties.
   The bill, with respect to a sheriff's security officer completing
a specified course of training, would require that the training be
completed prior to the officer being assigned to perform his or her
duties and would apply this provision to a police security officer.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 831.4 of the Penal Code is amended to read:
   831.4.  (a) A sheriff's or police security officer is a public
officer, employed by the sheriff of a county or police chief of a
city, whose primary duty is the security of locations or facilities
as directed by the sheriff or police chief.  The duties of a sheriff'
s or police security officer  shall be limited to the physical
security and protection of properties owned, operated, controlled, or
administered by the county or city, or any municipality or special
district contracting for police services from the county or city
pursuant to Section 54981 of the Government Code, or necessary duties
with respect to the patrons, employees, and properties of the
employing county, city, or contracting entities.
   (b) A sheriff's or police security officer is not a peace officer
nor a public safety officer as defined in Section 3301 of the
Government Code.  A sheriff's or police security officer may carry or
possess a firearm, baton, and other safety equipment and weapons
authorized by the sheriff or police chief while performing the duties
authorized in this section, and under the terms and conditions
specified by the sheriff or police chief.  These persons may not
exercise the powers of arrest of a peace officer, but may issue
citations for infractions if authorized by the sheriff or police
chief.
   (c) Each sheriff's or police security officer shall satisfactorily
complete a course of training as specified in Section 832 prior to
being assigned to perform his or her duties.  Nothing in this
subdivision shall preclude the sheriff or police chief from requiring
additional training requirements.
   (d) Notwithstanding any other law, nothing in this section shall
be construed to confer any authority upon any sheriff's or police
security officer except while on duty, or confer any additional
retirement benefits to persons employed within this classification.

  SEC. 2.  Section 12002 of the Penal Code is amended to read:
   12002.  (a) Nothing in this chapter prohibits police officers,
special police officers, peace officers, or law enforcement officers
from carrying any wooden club, baton, or any equipment authorized for
the enforcement of law or ordinance in any city or county.
   (b) Nothing in this chapter prohibits a uniformed security guard,
regularly employed and compensated as such by a person engaged in any
lawful business, while actually employed and engaged in protecting
and preserving property or life within the scope of his or her
employment, from carrying any wooden club or baton if the uniformed
security guard has satisfactorily completed a course of instruction
certified by the Department of Consumer Affairs in the carrying and
use of the club or baton.  The training institution certified by the
Department of Consumer Affairs to present this course, whether public
or private, is authorized to charge a fee covering the cost of the
training.
   (c) The Department of Consumer Affairs, in cooperation with the
Commission on Peace Officer Standards and Training, shall develop
standards for a course in the carrying and use of the club or baton.

   (d) Any uniformed security guard who successfully completes a
course of instruction under this section is entitled to receive a
permit to carry and use a club or baton within the scope of his or
her employment, issued by the Department of Consumer Affairs.  The
department may authorize certified training institutions to issue
permits to carry and use a club or baton.  A fee in the amount
provided by law shall be charged by the Department of Consumer
Affairs to offset the costs incurred by the department in course
certification, quality control activities associated with the course,
and issuance of the permit.
   (e) Any person who has received a permit or certificate which
indicates satisfactory completion of a club or baton training course
approved by the Commission on Peace Officer Standards and Training
prior to January 1, 1983, shall not be required to obtain a baton or
club permit or complete a course certified by the Department of
Consumer Affairs.
   (f) Any person employed as a county sheriff's or police security
officer, as defined in Section 831.4, shall not be required to obtain
a club or baton permit or to complete a course certified by the
Department of Consumer Affairs in the carrying and use of a club or
baton, provided that the person completes a course approved by the
Commission on Peace Officer Standards and Training in the carrying
and use of the club or baton, within 90 days of employment.
